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DECREE

Detailing the implementation of a number of articles of the Law on standards and technical regulations

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;

At the proposal of the Minister of Science and Technology,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree details the implementation of a number of articles of the Law on Standards and Technical Regulations regarding the formulation and announcement of standards; the formulation and promulgation of technical regulations; the assessment of conformity with standards and technical regulations; and responsibilities of agencies, organizations and individuals operating in the domain of standard or the domain of technical regulation.

Article 2.- Objects of activities in the domain of standard and objects of activities in the domain of technical regulation

Objects of activities in the domain of standard and objects of activities in the domain of technical regulation include:

1. Products and goods produced for domestic consumption; exported products and goods; imported products and goods;

2. Services related to the following activities: trade; post and telecommunications; information technology; construction; education and training; labor and job-training; finance; banking; healthcare; tourism; culture and entertainment; sports and physical training; transport; science and technology; standardization, measurement and quality control; security and safety; agriculture and rural development; fisheries; natural resources and environment; and other services arising in the process of socio-economic development for which standards and technical regulations must be formulated and applied;

3. Processes of production, exploitation, processing, preservation, transport, use, operation, maintenance, warranty, recycling, destruction and quality management of products and goods and other processes in socio-economic activities for which standards and technical regulations must be formulated and applied;

4. Earth, water and air environment; noise, vibration, radiation and radioactivity; solid waste, wastewater and gaseous waste; means and devices for, and activities of, environmental management, protection and preservation;

5. Other objects in socio-economic development activities for which standards and technical regulations must be formulated and applied.

Article 3.- Funds for the formulation of standards and technical regulations

1. Funds for the formulation of national standards and technical regulations cover: funds for the making of plannings and plans, review, conversion, formulation and evaluation of national standards and technical regulations.

Funds for the formulation of national standards and technical regulations are included in annual state budget estimates for science and technology activities and other activities of ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees.

2. In case state agencies formulate manufacturer standards for application to their operation, funds for the formulation of these standards are included in the state budget estimates.

3. The estimation, allocation and settlement of funds for the formulation of standards and technical regulations specified in Clauses 1 and 2 of this Article comply with the Law on State Budget.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, specifying the management and use of funds for the formulation of standards and technical regulations prescribed in Clauses 1 and 2 of this Article.

5. Funds supported by organizations or individuals for the formulation of national standards and technical regulations are decided by these organizations or individuals as agreed with agencies in charge of organizing the formulation of national standards or technical regulations.

Article 4.- State policies on development of activities in the domain of standard and the domain of technical regulation

1. The State invests in the formulation and development of a system of national standards and national technical regulations; invests in material-technical foundations and professional capability for agencies in charge of evaluating national standards and national technical regulations.

2. The State encourages and facilitates the training of human resources and the re-training of, and raising of technical and professional qualifications for, cadres, civil servants and specialists in the domain of standard and the domain of technical regulation.

3. The State encourages domestic and foreign organizations and individuals, associations and unions to participate in formulating, disseminating and applying standards and technical regulations; to invest in developing activities in the domain of standard and the domain of technical regulation in Vietnam; and to provide training in technical operations and knowledge regarding standards and technical regulations.

4. The State encourages the expansion of cooperation with other countries and territories, international and regional organizations, foreign organizations and individuals on standards and technical regulations and the signing and implementation of bilateral and multilateral agreements on mutual recognition of conformity assessment results between Vietnam and other countries and territories; encourages conformity assessment organizations of Vietnam to sign agreements on mutual recognition of conformity assessment results with relevant organizations of other countries and territories in order to facilitate the development of trade between Vietnam and other countries and territories.

Chapter II

FORMULATION AND ANNOUNCEMENT OF STANDARDS

Article 5.- Dossiers of draft national standards

1. The dossier of a draft national standard formulated by a ministry, ministerial-level agency or government-attached agency comprises:

a/ The decision assigning the task of formulating a draft national standard to the concerned agency or organization, enclosed with the approved project on formulation of the national standard;

b/ A report on the process of formulating the draft national standard, made by the formulating agency or organization;

c/ The draft national standard (including a hard copy and a soft copy), enclosed with explanations, copies of documents used as a basis for the formulation of the draft national standard and other reference documents;

d/ A list of agencies, organizations and individuals to which copies of the draft national standard have been sent for comment; the document on the synthesis and acceptance of comments, enclosed with written comments;

e/ An official request for evaluation of the draft national standard and announcement of the national standard, made by the ministry, ministerial-level agency or government-attached agency;

f/ A report on the results of evaluation of the draft national standard, made by the evaluating agency;

g/ The document on the acceptance of evaluation opinions, the draft national standard finalized on the basis of evaluation opinions, enclosed with explanations, and other documents and materials related to the processing of evaluation opinions (if any).

2. The dossier of a draft national standard formulated by the Ministry of Science and Technology on the basis of a draft national standard proposed by an organization or individual comprises:

a/ The proposal for the formulation of the national standard, made by the organization or individual, enclosed with the proposed draft national standard;

b/ Documents specified at Points a, b, c, d, f and g, Clause 1, of this Article.

3. The dossier of a draft national standard formulated by the Ministry of Science and Technology comprises documents specified at Points a, b, c, d, f and g, Clause 1, of this Article.

Article 6.- Review and conversion of Vietnam standards into national standards

1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned ministries, ministerial-level agencies and government-attached agencies in, reviewing Vietnam standards promulgated under the 1999 Ordinance on Product and Goods Quality and other laws and ordinances so as to make the following lists of:

a/ Vietnam standards which need not be amended or supplemented before being converted into national standards;

b/ Vietnam standards which must be amended or supplemented before being converted into national standards;

c/ Vietnam standards which must be cancelled.

The review and listing must be completed before December 31, 2007.

2. Principles and deadlines for conversion of Vietnam standards into national standards:

a/ Vietnam standards with contents suitable to scientific and technological advances, socio-economic development conditions and requirements, national technical regulations, Vietnam's laws and relevant international commitments specified in the list at Point a, Clause 1 of this Article, may be converted into national standards without having their contents amended or supplemented;

The conversion of Vietnam standards into national standards must be completed before December 31, 2008.

b/ Vietnam standards with contents unsuitable to scientific and technological advances, socio-economic development conditions and requirements, national technical regulations, Vietnam's laws and relevant international commitments specified in the list at Point b, Clause 1, of this Article must be considered, amended or supplemented before conversion into national standards.

The amendment, supplementation and conversion of Vietnam standards specified at this Point into national standards must be completed before December 31, 2010.

c/ Vietnam standards which are not applied in reality and have backward contents as compared with scientific and technological advances, socio-economic development conditions and requirements or are contrary to national technical regulations, Vietnam's laws and relevant international commitments specified in the list at Point c, Clause 1, of this Article, must be cancelled.

The cancellation of Vietnam standards must be completed before June 30, 2008.

3. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies in, organizing the conversion and cancellation of Vietnam standards specified at Points a, b and c, Clause 2, of this Article according to the following order and procedures:

a/ The order of and procedures for converting a Vietnam standard specified at Point a of this Article into a national standard:

- Converting the content of the Vietnam standard into a draft national standard;

- Changing its form of presentation under the guidance of the Ministry of Science and Technology;

- Evaluating the draft national standard under the provisions of Point d, Clause 1, Article 17, of the Law on Standards and Technical Regulations;

- Announcing the national standard under the provisions of Point e, Clause 1, Article 17, of the Law on Standards and Technical Regulations.

b/ The order of and procedures for amending or supplementing a Vietnam standard specified at Point b, Clause 2, of this Article, before converting it into a national standard comply with Clause 1, Article 17, of the Law on Standards and Technical Regulations;

c/ The order of and procedures for canceling Vietnam standards specified at Point c, Clause 2, of this Article, comply with Clause 3, Article 19, of the Law on Standards and Technical Regulations.

Article 7.- Review and conversion of branch standards into national standards

1. Ministries, ministerial-level agencies and government-attached agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, reviewing branch standards promulgated under the 1999 Ordinance on Goods Quality and other laws and ordinances to make the following lists of:

- Branch standards which need not be amended or supplemented before being converted into national standards;

- Branch standards which must be amended or supplemented before being converted into national standards;

- Branch standards which must be cancelled.

The review and listing must be completed before December 31, 2007.

2. Principles and deadlines for conversion of branch standards into national standards:

a/ Branch standards with contents suitable to scientific and technological advances, socio-economic development conditions and requirements, national technical regulations, Vietnam's laws and relevant international commitments specified in the list at Point a, Clause 1, of this Article may be considered and converted into national standards;

The conversion of branch standards into national standards must be completed before December 31, 2008.

b/ Branch standards with contents unsuitable to scientific and technological advances, socio-economic development conditions and requirements, national technical regulations, Vietnam's laws and relevant international commitments specified in the list at Point b, Clause 1, of this Article may be considered, amended or supplemented before conversion into national standards;

The consideration, amendment, supplementation and conversion of branch standards into national standards must be completed before December 31, 2010.

c/ Branch standards which are not applied in reality, have backward contents as compared with scientific and technological advances, socio-economic development conditions and requirements or are contrary to national technical regulations, Vietnam's laws or relevant international commitments specified in the list at Point c, Clause 1, of this Article must be cancelled.

The cancellation of branch standards must be completed before June 30, 2008.

3. Ministries, ministerial-level agencies and government-attached agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, organizing the conversion and cancellation of branch standards specified at Points a, b and c, Clause 2, of this Article according to the following order and procedures:

a/ The order of and procedures for converting a branch standard specified at Point a, Clause 2, of this Article into a national standard:

- Converting the whole contents of a branch standard into a draft national standard;

- Changing its form of presentation under the guidance of the Ministry of Science and Technology;

- Evaluating the draft national standard under the provisions of Point d, Clause 1, Article 17, of the Law on Standards and Technical Regulations;

- Announcing the national standard under the provisions of Point e, Clause 1, Article 17 of the Law on Standards and Technical Regulations.

b/ The order of and procedures for amending and supplementing a branch standard specified at Point b, Clause 2, of this Article, before converting it into a national standard comply with Clause 1, Article 17, of the Law on Standards and Technical Regulations;

c/ The order of and procedures for canceling a branch standard specified at Point c, Clause 2, of this Articles, comply with Clause 3, Article 19, of the Law on Standards and Technical Regulations.

Chapter II

FORMULATION AND PROMULGATION OF TECHNICAL REGULATIONS

Article 8.- Symbols of technical regulations

1. The symbol of a national technical regulation is specified as follows:

a/ The code and promulgation year of a national technical regulation are separated from by a colon and come after the symbol QCVN;

b/ The abbreviated name of the national technical regulation-promulgating ministry or ministerial-level agency comes after the promulgation year of the technical regulation and separated from the former by a slash.

2. The symbol of a local technical regulation is specified as follows:

a/ The code and promulgation year of a local technical regulation are separated from by a colon and come after the symbol QCDP;

b/ The abbreviated name of the provincial/municipal People's Committee promulgating the local technical regulation comes after the promulgation year of the local technical regulation and separated from the former by a slash.

3. The abbreviated names of ministries, ministerial-level agencies, provinces and centrally run cities comply with the guidance of the Ministry of Science and Technology.

4. Technical regulation-promulgating agencies defined in Article 27 of the Law on Standards and Technical Regulations shall grant codes of technical regulations.

Article 9.- Responsibilities for formulating, evaluating and promulgating national technical regulations

1. Ministers and heads of ministerial-level agencies shall organize the formulation and promulgation of national technical regulations in accordance with Article 27 of the Law on Standards and Technical Regulations.

2. The Minister of Science and Technology shall organize the evaluation of draft national technical regulations.

3. Responsibilities for formulating, evaluating and promulgating national technical regulations of inter-branch nature:

a/ When it is necessary to formulate national technical regulations of inter-branch nature (below referred to as inter-branch national technical regulations), ministries, ministerial-level agencies or government-attached agencies shall make a written proposal to the Ministry of Science and Technology;

b/ The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned ministries, ministerial-level agencies or government-attached agencies in, considering the proposal for formulation of inter-branch national technical regulations and identifying an agency in charge of organizing the formulation. If no agreement is reached among concerned agencies, the Ministry of Science and Technology shall report the case to the Prime Minister for consideration and decision;

c/ The formulation of draft inter-branch national technical regulations complies with Clause 1, Article 32, of the Law on Standards and Technical Regulations;

d/ The Minister of Science and Technology shall organize the evaluation of draft inter-branch national technical regulations regarding the contents specified in Article 33 of the Law on Standards and Technical Regulations;

e/ Ministries and ministerial-level agencies tasked to formulate inter-branch national technical regulations shall promulgate national technical regulations after reaching agreement with the Ministry of Science and Technology on evaluation opinions. In case of disagreeing with evaluation opinions of the Ministry of Science and Technology, national technical regulation-promulgating agencies shall report the case to the Prime Minister for consideration and decision.

4. The formulation, evaluation and promulgation of national technical regulations for objects falling under the management responsibilities of government-attached agencies:

a/ The Ministry of Science and Technology shall approve plans on formulation of national technical regulations at the proposal of government-attached agencies;

b/ Government-attached agencies shall organize the formulation of draft national technical regulations according to the order and procedures specified in Clause 1, Article 32, of the Law on Standards and Technical Regulations;

c/ The Ministry of Science and Technology shall organize the evaluation of draft national technical regulations regarding the contents specified in Article 33 of the Law on Standards and Technical Regulations and promulgate national technical regulations.

Article 10.- Dossiers of draft national technical regulations

1. The dossier of a draft national technical regulation comprises:

a/ The decision assigning the task of formulating a draft national technical regulation to the concerned agency or organization, enclosed with the approved project on formulation of the national technical regulation;

b/ A report on the process of formulating the draft national technical regulation, made by the agency or organization tasked to formulate the draft national technical regulation;

c/ The draft national technical regulation submitted for approval, enclosed with explanations; copies of original documents used as a basis for the formulation of the draft national technical regulation and other reference documents;

d/ A list of agencies to which the draft has been sent for comment; the document on the synthesis and acceptance of comments, enclosed with written comments;

e/ An official request for the evaluation of the draft national technical regulation, made by the concerned ministry, ministerial-level agency or government-attached agency;

f/ A report on the results of evaluation of the draft national technical regulation;

g/ The document on the acceptance of the evaluation opinions for the draft national technical regulation;

h/ The draft national technical regulation which has been finalized based on evaluation opinions, enclosed with explanations.

2. The dossier of a local technical regulation comprises:

a/ Documents specified at Points a, b, c, d, f, g and h, Clause 1, of this Article;

b/ An official letter of the concerned provincial/municipal People's Committee requesting the line management ministry, ministerial-level agency or government-attached agency to give opinions on the draft local technical regulation;

c/ The written agreement of the line management ministry, ministerial-level agency or government-attached agency with the draft local technical regulation;

d/ The draft local technical regulation which has been finalized based on opinions of the concerned agency, enclosed with explanations.

3. Technical regulation-promulgating agencies shall compile and manage dossiers of draft technical regulations.

Article 11.- Review and conversion of Vietnam standards and branch standards subject to compulsory application into national technical regulations

1. Ministries, ministerial-level agencies and government-attached agencies shall organize the review of Vietnam standards or branch standards subject to compulsory application to make the following lists of:

a/ Vietnam standards or branch standards subject to compulsory application which need not be amended or supplemented before being converted national technical regulations;

b/ Vietnam standards or branch standards subject to compulsory application which must be amended or supplemented before being converted into national technical regulations;

c/ Vietnam standards or branch standards subject to compulsory application which must be cancelled.

The review and listing must be completed before December 31, 2007.

2. Principles and deadlines for conversion of Vietnam standards and branch standards subject to compulsory application into national technical regulations:

a/ Vietnam standards or branch standards subject to compulsory application which have appropriate contents and satisfy the state management requirements of ministries, ministerial-level agencies or government attached agencies specified in the list at Point a, Clause 1, of this Article may be considered and converted into national technical regulations;

The conversion of Vietnam standards and branch standards subject to compulsory application into national technical regulations must be completed before December 31, 2008.

b/ Vietnam standards or branch standards subject to compulsory application which have inappropriate technical contents and management contents related to the compulsory application of Vietnam standards or branch standard or fail to satisfy the state management requirements of ministries, ministerial-level agencies or government-attached agencies specified in the list at Point b, Clause 1, of this Article may be considered, amended or supplemented before conversion into national technical regulations;

The consideration, amendment, supplementation and conversion of Vietnam standards and branch standards subject to compulsory application into national technical regulations must be completed before December 31, 2009.

c/ Vietnam standards or branch standards subject to compulsory application which have inappropriate contents and fail to satisfy the state management requirements of ministries, ministerial-level agencies or government-attached agencies specified in the list at Point c, Clause 1, of this Article must be cancelled.

The cancellation of Vietnam standards and branch standards subject to compulsory application must be completed before September 30, 2008.

3. Ministries, ministerial-level agencies and government-attached agencies shall organize the cancellation and conversion of Vietnam standards and branch standards subject to compulsory application specified at Points a, b and c, Clause 2, of this Article into national technical regulations according to the following order and procedures:

a/ The order of and procedures for converting a Vietnam standard or branch standard subject to compulsory application specified at Point a, Clause 2, of this Article into a national technical regulation:

- Converting the whole contents of a Vietnam standard or branch standard subject to compulsory application and management contents related to the compulsory application of the Vietnam standard or branch standard into a draft national technical regulation;

- Changing the form of presentation under the guidance of the Ministry of Science and Technology;

- Evaluating the draft national technical regulation under the provisions of Point d, Clause 1, Article 32, of the Law on Standards and Technical Regulations;

- Promulgating the national technical regulation under the provisions of Point e, Clause 1, Article 32, of the Law on Standards and Technical Regulations.

b/ The order of and procedures for amending and supplementing a Vietnam standard or branch standard subject to compulsory application specified at Point b, Clause 2, of this Article before converting it into a national technical regulation comply with Clause 1, Article 32, of the Law on Standards and Technical Regulations;

c/ The order of and procedures for canceling a Vietnam standard or branch standard subject to compulsory application specified at Point c, Clause 2 of this Article comply with Clause 3, Article 35, of the Law on Standards and Technical Regulations.

Article 12.- Review and conversion of technical regulations, processes and documents subject to compulsory application into national technical regulations

1. Ministries, ministerial-level agencies and government-attached agencies shall organize the review of technical regulations, processes, procedures and technical documents subject to compulsory application to make the following lists of:

a/ Technical regulations, processes, procedures and documents subject to compulsory application which need not be amended or supplemented before being converted into national technical regulations;

b/ Technical regulations, processes, procedures and documents subject to compulsory application which must be amended or supplemented before being converted into national technical regulations;

c/ Technical regulations, processes, procedures and documents subject to compulsory application which must be cancelled.

The review and listing must be completed before June 30, 2008.

2. Principles and deadlines for conversion of technical regulations, processes, procedures and documents subject to compulsory application into national technical regulations:

a/ Technical regulations, processes, procedures or technical documents subject to compulsory application which have appropriate contents and satisfy the state management requirements of ministries, ministerial-level agencies or government attached agencies specified in the list at Point a, Clause 1, of this Article, may be considered and converted into national technical regulations;

The conversion of technical regulations, processes, procedures and documents subject to compulsory application into national technical regulations must be completed before December 31, 2008.

b/ Technical regulations, processes, procedures or documents subject to compulsory application which have inappropriate contents and fail to satisfy the state management requirements of ministries, ministerial-level agencies or government-attached agencies specified in the list at Point b, Clause 1, of this Article, may be considered, amended or supplemented before conversion into national technical regulations;

The consideration, amendment, supplementation and conversion of technical regulations, processes, procedures or documents subject to compulsory application into national technical regulations must be completed before December 31, 2009.

c/ Technical regulations, processes, procedures or documents subject to compulsory application which have inappropriate contents and fail to satisfy the state management requirements of ministries, ministerial-level agencies or government-attached agencies specified in the list at Point c, Clause 1, of this Article, must be cancelled.

The cancellation of technical regulations, processes, procedures and documents subject to compulsory application must be completed before September 30, 2008.

3. Ministries, ministerial-level agencies and government-attached agencies shall organize the cancellation or conversion of technical regulations, processes, procedures and documents subject to compulsory application specified at Points a, b and c, Clause 2, of this Article into national technical regulations according to the following order and procedures:

a/ The order of and procedures for converting a technical regulation, process, procedure or document subject to compulsory application specified at Point a, Clause 2, of this Article into a national technical regulation:

- Converting the whole contents of a technical regulation, process, procedure or document subject to compulsory application into a draft national technical regulation;

- Changing the form of presentation under the guidance of the Ministry of Science and Technology;

- Evaluating the draft national technical regulation under the provisions of Point d, Clause 1, Article 32, of the Law on Standards and Technical Regulations;

- Promulgating the national technical regulation under the provisions of Point e, Clause 1, Article 32, of the Law on Standards and Technical Regulations.

b/ The order of and procedures for amending and supplementing a technical regulation, process, procedure or document subject to compulsory application specified at Point b, Clause 2, of this Article before converting it into a national technical regulation comply with Clause 1, Article 32, of the Law on Standards and Technical Regulations;

c/ The order of and procedures for canceling a technical regulation, process, procedure or technical document subject to compulsory application specified at Point c, Clause 2, of this Article comply with Clause 3, Article 35, of the Law on Standards and Technical Regulations.

Article 13.- Registration of technical regulations

1. Technical regulation-promulgating ministries, ministerial-level agencies and provincial/municipal People's Committees shall register technical regulations with the Ministry of Science and Technology within 15 days from the date of promulgation of these technical regulations.

2. The dossier of a technical regulation registration comprises:

a/ An official letter, enclosed with the document on the registration of the technical regulation, made under the guidance of the Ministry of Science and Technology;

b/ A copy of the technical regulation;

c/ The decision on the promulgation of the technical regulation.

3. The Ministry of Science and Technology shall receive dossiers of registration for technical regulations and annually publish a list of technical regulations.

Chapter IV

ASSESSMENT OF CONFORMITY WITH STANDARDS AND TECHNICAL REGULATIONS

Article 14.- Announcement of standard conformity, announcement of technical-regulation conformity

1. Announcement of standard conformity is a voluntary activity. Production and business organizations and individuals, when announcing the conformity of their products, goods, services, processes or environment with relevant standards, shall register their standard conformity announcement documents with Standardization, Measurement and Quality Control Sub-Departments under Science and Technology Services of provinces or centrally run cities where they register their production or business activities.

2. Announcement of technical-regulation conformity is a compulsory activity. Production and business organizations and individuals shall announce technical-regulation conformity in accordance with relevant technical regulations. When announcing technical-regulation conformity, production and business organizations and individuals shall register their technical-regulation conformity announcement documents with specialized provincial-level Services in the localities where they register their production and business activities.

3. National technical regulation-promulgating ministries and ministerial-level agencies shall publicize on their websites and the mass media information on specialized provincial-level Services that receive technical-regulation conformity announcement documents.

Quarterly, relevant specialized provincial-level Services that receive technical-regulation conformity announcement documents shall make a list of organizations and individuals having made registration of technical-regulation conformity and send this list to the following agencies:

a/ National technical regulation-promulgating ministries or ministerial-level agencies;

b/ Science and Technology Services of provinces and centrally run cities where these organizations and individuals register their production and business activities for sum-up and reporting to the Ministry of Science and Technology;

4. Provincial/municipal People's Committees that promulgate local technical regulations shall publicize on their websites and the mass media information on relevant specialized provincial-level Services that receive technical-regulation conformity announcement documents.

Quarterly, relevant specialized provincial-level Services that receive technical-regulation conformity announcement documents shall make a list of organizations and individuals having made registration of technical-regulation conformity and send this list to the following agencies:

a/ Coordinating agencies under ministries performing the line management of objects of local technical regulations, which are designated under Point a, Article 21 of this Decree;

b/ Science and Technology Services of provinces or centrally run cities where these organizations and individuals register their production and business activities for sum-up and reporting to provincial/municipal People's Committees that promulgate local technical regulations and the Ministry of Science and Technology.

Article 15.- Standard conformity marks, technical-regulation conformity marks

1. Standard conformity marks are granted by conformity certification organizations to objects certified to be standard- or technical regulation-conformable. The forms, structures and design of standard conformity marks are specified by conformity certification organizations under the guidance of the Ministry of Science and Technology.

2. Technical regulation conformity marks are granted by technical regulation conformity certification organizations to products and goods already certified to be technical regulation-conformable or affixed by organizations or individuals announcing the technical regulation conformity to products and goods already announced to be technical regulation-conformable after technical regulation announcement registration is made.

The forms, structures and design of technical-regulation conformity marks are specified by the Ministry of Science and Technology.

3. Production and business organizations and individuals, after having their products, goods, processes or environment certified to be standard- or technical regulation-conformable, shall display standard conformity or technical-regulation conformity marks on certified products and goods, packings of products and goods, or on documents on certified products, goods, services, processes and environment.

Article 16.- Conformity certification organizations

1. Conformity certification organizations include:

a/ Public or non-public non-business science and technology units providing scientific and technical services, set up and registered for operation under the Law on Science and Technology;

b/ Enterprises set up and registered for operation under the Enterprise Law;

c/ Branches of foreign conformity certification organizations registered for operation in Vietnam under the Investment Law.

2. Standard conformity certification organizations may conduct either standard conformity certification or technical-regulation conformity certification or both.

3. Standard conformity certification organization may conduct standard conformity certification if they meet the following conditions:

a/ Satisfying the requirements in Clauses 1 and 2, Article 51, of the Law on Standards and Technical Regulations;

b/ Having registered standard conformity certification activities with the Ministry of Science and Technology.

4. Technical-regulation conformity certification organizations may conduct activities of technical-regulation conformity certification if they meet the following conditions:

a/ Satisfying the requirements in Clauses 1 and 2, Article 51, of the Law on Standards and Technical Regulations;

b/ Having registered technical-regulation conformity certification activities with technical regulation-promulgating ministries, ministerial-level agencies or provincial/municipal People's Committees;

c/ Being designated by ministries, ministerial-level agencies, government-attached agencies or provincial/municipal People's Committees specified in Clause 3, Article 47, of the Law on Standards and Technical Regulations to act as technical-regulation conformity certification organizations.

5. The Ministry of Science and Technology shall provide specific guidance on the capabilities of standard- and technical regulation-conformity certification organizations; and the order of and procedures for registration of standard- and technical regulation-conformity certification activities.

6. Technical regulation-promulgating ministries, ministerial-level agencies and provincial/municipal People's Committees shall:

a/ Specify the order of and procedures for designating organizations to certify conformity with technical regulations;

b/ Consider, assess and accredit organizations in accordance with regulations of the Ministry of Science and Technology in order to designate organizations to certify conformity with technical regulations promulgated by themselves. Conformity certification organizations possessing accreditation certificates of accreditation organizations specified in Clause 1, Article 17, of this Decree or of foreign accreditation organizations which are members of the Pacific Accreditation Cooperation (PAC) or the International Accreditation Forum (IAF) are prioritized to be considered and designated as technical regulation-conformity certification organizations.

7. Ministries, ministerial-level agencies and provincial/municipal People's Committees shall publicize a list of designated technical regulation-conformity certification organizations on the central or local mass media or on the Internet for organizations and individuals to know and select and, at the same time, notify such to the Ministry of Science and Technology for coordinated management.

Article 17.- Accreditation organizations

1. Accreditation organizations are organizations satisfying the conditions prescribed in Article 54 of the Law on Standards and Technical Regulations which conduct assessment and accreditation of the capabilities of testing laboratories, calibration laboratories, conformity certification organizations and inspection organizations.

2. Accreditation organizations must operate in response to the requirements of regional and international integration in the domain of conformity assessment, creating conditions for Vietnam to accede to agreements on mutual recognition of conformity assessment results in service of state management requirements in specialized domains.

3. The Ministry of Science and Technology shall uniformly manage the operation of accreditation organizations.

Article 18.- Designation of organizations to conduct testing, calibration and inspection in service of specialized management requirements

Depending on their management requirements, ministries, ministerial-level agencies and government-attached agencies may assess and accredit the capabilities of capable testing laboratories, calibration laboratories and inspection organizations according to basic requirements of relevant national standards or international standards of the International Organization for Standardization (ISO) or the International Electrotechnical Commission (IEC) so as to designate these organizations to conduct testing, calibration and inspection to meet specialized management requirements.

Article 19.- Mutual recognition agreements

1. Mutual recognition of conformity assessment results between countries and territories covers conformity certification results; calibration results; testing results; and inspection results.

2. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, organizing the implementation of agreements on mutual recognition of conformity assessment results between Vietnam and other countries or territories in accordance with the law on conclusion and implementation of treaties to which the Socialist Republic of Vietnam is a contracting party.

3. The Ministry of Science and Technology shall coordinate with the Ministry of Foreign Affairs in guiding the conclusion and implementation of agreements on mutual recognition of conformity assessment results between conformity assessment organizations of Vietnam and conformity assessment organizations of other countries and territories and international or regional organizations.

Chapter V

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS OPERATING IN THE DOMAIN OF STANDARD AND THE DOMAIN OF TECHNICAL REGULATION

Article 20.- Responsibilities of the Ministry of Science and Technology

1. The Ministry of Science and Technology shall take responsibility to the Government for the performance of uniform state management of activities in the domain of standard and the domain of technical regulation as specified in Article 59 of the Law on Standards and Technical Regulations, and have the following responsibilities:

a/ To guide the formulation, evaluation, announcement, promulgation, dissemination and application of standards; to provide for the organization and operation of the Technical Board for National Standards;

b/ To join in-charge ministries, ministerial-level agencies and government-attached agencies in elaborating draft national standards and draft technical regulations

c/ To assume the prime responsibility for, and coordinate with the Ministry of Defense in, specifying the order of and procedures for formulating, evaluating and announcing national standards for objects in the military and defense domain applicable within the Ministry of Defense only;

d/ To guide the formulation, evaluation and promulgation of technical regulations;

e/ To take responsibility for the contents of national standards and national technical regulations formulated by itself; to take responsibility for its evaluation opinions on draft national standards and draft national technical regulations formulated by other ministries, ministerial-level agencies or government-attached agencies; to decide on the time limit for the gathering of opinions on draft national standards and draft national technical regulations formulated by itself in emergency cases related to human health, safety and the environment;

f/ To guide conformity assessment activities, including standard conformity certification, technical-regulation conformity certification, standard conformity announcement, technical-regulation conformity announcement, and accreditation of testing laboratories, calibration laboratories, conformity certification organizations and inspection organizations;

g/ To popularize information on activities in the domain of standard and the domain of technical regulation.

h/ To allocate funds for improving material-technical foundations and raising professional capabilities of agencies evaluating national standards and national technical regulations.

2. The General Department of Standardization, Measurement and Quality Control under the Ministry of Science and Technology shall assist the Minister of Science and Technology in performing the state management of activities in the domain of standard and the domain of technical regulation.

Article 21.- Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. Ministries, ministerial-level agencies and government-attached agencies shall, within the scope of their tasks and powers, perform the state management of activities in the domain of standard and the domain of technical regulation as specified in Article 60 of the Law on Standards and Technical Regulations.

2. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall designate coordinating agencies to assist their ministries, ministerial-level agencies and government-attached agencies in performing the state management of activities in the domain of standard and the domain of technical regulation.

3. Ministries, ministerial-level agencies and government-attached agencies shall coordinate with the Ministry of Science and Technology in formulating draft national standards and draft national technical regulations.

4. Ministries, ministerial-level agencies and government-attached agencies shall take responsibility for the contents of national standards and national technical regulations formulated by themselves; and decide on the time limits for the gathering of opinions on draft national standards and draft national technical regulations formulated by themselves in emergency cases related to human health, safety and the environment.

Article 22.- Responsibilities of provincial/municipal People's Committees

1. Provincial/municipal People's Committees shall, within the scope of their tasks and powers, perform the state management of activities in the domain of standard and the domain of technical regulation as specified in Article 61 of the Law on Standards and Technical Regulations.

2. Provincial/municipal People's Committees shall decide on the time limits for the gathering of opinions on local technical regulations formulated by themselves in emergency cases related to human health, safety and environment.

3. Provincial/municipal Science and Technology Services shall assume the prime responsibility for, and coordinate with concerned services and departments in, assisting provincial/municipal People's Committees in performing the state management of activities in the domain of standard and the domain of technical regulations.

Standardization, Measurement and Quality Control Sub-Departments under provincial/municipal Science and Technology Services shall directly assist provincial/municipal Science and Technology Services in performing the state management of activities in the domain of standard and the domain of technical regulation.

Article 23.- Assignment of responsibilities for formulation and promulgation of national technical regulations

1. Ministries and ministerial-level agencies shall formulate and promulgate national standards in the domains assigned by the Government, specifically as follows:

a/ The Ministry of Health:

- Community health; hygiene and safety of food, drinking water, water for daily life, vaccines and medical bio-preparations and their production conditions; household chemicals, insecticidal and germicidal preparations;

- Medical examination and treatment, healthcare, convalescence and functional rehabilitation, plastic surgery and appraisal in the health domain;

- Drugs, drug raw materials and cosmetics;

- Medical equipment, devices and facilities;

- Services in the health domain.

b/ The Ministry of Agriculture and Rural Development:

- Production, processing, harvest, preservation and transport of agricultural and forestry products, salt, cattle and poultry slaughter;

- Plant varieties and livestock breeds (except aquatic animal breeds);

- Agricultural and forestry supplies, fertilizers, animal feed;

- Plant protection, veterinary medicine, plant and animal quarantine;

- Irrigation works, dikes;

- Services in the domain of agriculture and rural development.

c/ The Ministry of Fisheries:

- Safety and hygiene of aquatic animals and exported aquatic products, feed and veterinary drugs for aquatic animals, chemicals and bio-preparations for use in aquaculture, aquatic animal breeds;

- Safety and sanitation in the production process from raising and exploitation of aquatic animals to processing, preservation and transport of aquatic products;

- Fishing gears and equipment used in the fisheries domain with strict safety requirements;

- Services in the fisheries domain.

d/ The Ministry of Transport:

- Means of transport; special-use loading and unloading, construction and transport machines and vehicles; vessels and equipment for offshore exploration and exploitation;

- Traffic infrastructure works;

- Transport;

- Traffic safety;

- Services in the domain of transport.

e/ The Ministry of Construction:

- Civil construction works, dwelling houses and office buildings;

- Construction materials;

- Architecture, urban construction plannings, and rural construction plannings;

- Urban technical infrastructure;

- Services in the construction domain.

f/ The Ministry of Industry:

- Industrial safety techniques (safety of pressure equipment and lifting equipment, safety of special-use industrial equipment with strict safety requirements); electricity safety in the management and operation of electric devices and equipment; mine and oil and gas exploitation (excluding equipment and facilities for offshore exploration and exploitation of oil and gas);

- Safety of chemicals, industrial explosives and industrial environment;

- Safety in mechanical engineering production, metallurgy, electricity and energy, oil and gas exploitation, mineral exploitation and chemicals (including pharmaceutical chemicals);

- Safety in consumer goods industries;

- Safety in the foodstuff industry and other processing industries;

- Services in the industrial domain.

g/ The Ministry of Labor, War Invalids and Social Affairs:

- Labor safety;

- Labor protection equipment for laborers;

- Requirements on labor safety for machines, equipment and supplies subject to strict labor safety and sanitation requirements under the Labor Code;

- Requirements on labor safety and sanitation for utensils and technical equipment in job-training establishments;

- Safety of public recreation facilities;

- Services in the domain of labor, war invalids and social affairs.

h/ The Ministry of Post and Telematics:

- Networks, works, products and services in the domains of post and telecommunications, electronics and information technology;

- Radio frequency and equipment for emitting or receiving radio waves;

- Services in the domain of post and telecommunications.

i/ The Ministry of Natural Resources and Environment:

- Quality of the surrounding environment: environmental observation, assessment of environmental status; strategic environment assessment; environmental impact assessment; pollution control; waste management and environmental management;

- Exploration, survey, evaluation and inventory of natural resources and minerals, evaluation of the quality and quantity of mineral deposits;

- Measurement and mapping;

- Cartography;

- Services in the domain of natural resources and environment.

j/ The Ministry of Trade:

- Services related to commercial activities;

- E-commerce.

k/ The Ministry of Education and Training:

- Teaching materials and technical equipment used in schools;

- Services in the domain of education and training.

l/ The Ministry of Finance:

- Financial services (insurance, audit, tax, customs, etc.);

- National reserves.

m/ The Ministry of Culture and Information:

- Protection and promotion of values of cultural heritages: preservation, maintenance and restoration of historical-cultural relics and landscapes; archaeological surveys and excavation; management and protection of underwater cultural relics; registration of national relics, antiques and treasures;

- Publications and press products;

- Materials for assorted cinematographic products;

- Fine arts, photography, advertisement and printing;

- Services in the domain of culture, information and entertainment.

n/ The Ministry of Home Affairs:

Clerical and archival work.

o/ The State Bank of Vietnam:

- Money printing, coin casting, preservation and transport, distribution, withdrawal, replacement and destruction of money;

- Services in the banking domain.

p/ The Committee for Physical Training and Sports:

- Sports facilities;

- Equipment and facilities for training and competition.

- Services in the domain of physical training and sports.

q/ The Ministry of Defense:

- Military devices, equipment, weapons, products for defense purposes and defense facilities which are not national secrets;

- Safety and security in the military and defense domain.

r/ The Ministry of Public Security:

- Fire prevention and fighting, technical equipment and devices, weapons, ammunitions, explosives, support devices and other products used in the people's police force which are not national secrets;

- Services in the public security domain.

s/ The Ministry of Science and Technology:

- Radioactive and nuclear safety, nuclear sources;

- Measurement, inspection, testing, accreditation, certification;

- Products, goods, services, processes and other objects (except products, goods, services and processes defined at Points a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q and r, Clause 1, of this Article);

- Promulgation of national technical regulations for objects falling under the management of government-attached agencies.

2. In case of overlap in the assignment of domains of national technical regulations to be formulated and promulgated between ministries and ministerial-level agencies specified in Clause 1 of this Article or upon the emergency of new domains and exceptional cases, the Ministry of Science and Technology shall sum up and report the case to the Prime Minister for consideration and decision.

Article 24.- Responsibilities of production and business organizations and individuals for announcement of applicable standards

1. Announcement of applicable standards specified in Clause 1, Article 62, of the Law on Standards and Technical Regulations means announcement by production and business organizations and individuals of standards applicable to, or basic properties of, their products, goods, services, processes and environment.

2. Announcement of applicable standards is carried out by displaying the code of applicable standards or basic properties on labels or packings of goods and products or on documents on transactions and recommendation of products, goods, services, processes and environment and in other appropriate forms.

Article 25.- Inspection in the domain of standard and the domain of technical regulation

1. Specialized inspectorates of ministries and branches shall perform the function of inspection in the domain of technical regulation within the scope of their management domains assigned under Article 23 of this Decree.

2. The Ministry of Science and Technology shall perform the function of specialized inspection in the domain of standard and the domain of technical regulation according to the Government's Decree No. 87/2006/ND-CP of August 28, 2006, on the organization and operation of the science and technology inspectorate within its assigned tasks and powers.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 26.- Implementation effect

1. This Decree takes effect 15 days after its publication in "CONG BAO." Previous regulations contrary to this Decree are annulled.

2. Vietnam standards and branch standards subject to voluntary application which were promulgated before the effective date of the Law on Standards and Technical Regulations and have not yet been converted into national standards may be applied by the conversion deadlines specified in Clause 2, Article 6, and Clause 2, Article 7, of this Decree.

3. Vietnam standards, branch standards and technical regulations, processes, procedures and documents subject to compulsory application which were promulgated before the effective date of the Law on Standards and Technical Regulations and have not yet been converted into national technical regulations remain effective until the effective date of relevant national technical regulations converted under Articles 11 or 12 of this Decree.

4. Vietnam standards, branch standards and technical regulations, processes, procedures and documents subject to compulsory application which were promulgated before the effective date of the Law on Standards and Technical Regulations and used in socio-economic development projects approved before the effective date of the Law on Standards and Technical Regulations remain effective for these projects, if these documents do not affect the project quality.

Article 27.- Implementation responsibility

1. The Minister of Science and Technology shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies and government-attached agencies, and presidents of provincial/municipal People's Committees shall guide the implementation of this Decree.